Terms & Service

Table of Contents / Quick Guide

The numbering and titles below match the Terms exactly. Selected Customer-facing subsections are indented beneath their controlling section.

• 1. Acceptance, Scope and Related Agreements
• 2. Key Definitions
• 3. Eligibility, Registration, Accounts and Electronic Agreement
• 4. What curbsidemall Is - and Is Not
• 5. Customer Ordering, Pickup, Dining and Delivery
• 5.2 Customer Order Fulfillment Options
• 6. Merchant Products, Services and Order Responsibilities
• 7. Parking Stands, Physical Locations, Safety, Insurance and Incidents
• 8. Payments, Wallet, Gift Cards, Trade and Future Payment Technologies
• 9. Fees, Billing, Refunds, Returns and Chargebacks
• 10. Community Commerce, Recommendations and Special Programs
• 11. User Content, Reviews, Feedback and Testimonials
• 11.5 Merchant Response Period and Negative-Review Display
• 12. Accessibility, Inclusive Commerce and Non-Discrimination
• 13. Privacy, Confidentiality, Data and Security
• 14. Technology, AI, Beta Features, Third Parties and Platform Availability
• 15. Platform License and Intellectual Property
• 16. Lawful Use and Prohibited Conduct
• 17. Complaints, Investigations, Suspension, Termination and Reinstatement
• 18. No Guaranteed Results, No Professional Advice and Warranty Disclaimers
• 19. Limitation of Liability
• 20. Indemnification, Defense and Claims Handling
• 21. Force Majeure, Emergencies and Protective Remedies
• 22. Informal Dispute Resolution, Claims and Evidence Preservation
• 23. Binding Individual Arbitration and Class-Action Waiver
• 24. Governing Law, Courts, Notices and Electronic Records
• 25. Changes to These Terms, General Legal Terms and Contact Information

1. Acceptance, Scope and Related Agreements

1.1 Acceptance

These Terms of Service ("Terms") govern the legal relationship between curbsidemall and individuals or entities that access, browse, register for, purchase from, sell through, advertise on, promote, or otherwise use any portion of the curbsidemall Platform. The Platform includes curbsidemall websites, mobile applications, Customer applications, Merchant portals, Driver applications, affiliate portals, APIs, software, content, products, services and related technologies made subject to these Terms.

Where these Terms or applicable law require contractual assent, you agree by completing the applicable acceptance process or by other conduct legally sufficient to establish agreement under the circumstances. An acceptance process may include selecting an "I Agree," "Accept," or equivalent control, checking an affirmative acknowledgment box, applying an electronic signature, or completing another clearly identified digital confirmation process.

Merely browsing publicly available Platform content does not, by itself, constitute affirmative assent to mandatory arbitration, a material amendment, or another provision where applicable law, these Terms, or an applicable agreement requires separate affirmative acceptance.

1.2 Covered Participants and More-Specific Agreements

These Terms may apply to Customers, Merchants, Restaurants, Retailers, service businesses, Food Trucks, Drivers, Shopping Centers, property owners or managers, Affiliates, Independent Sales Representatives, Community Commerce Partners, Chambers of Commerce, schools, nonprofit organizations, trade associations, sponsors, advertisers, vendors, service providers, API users, visitors and other authorized participants.

A participant may also be subject to a Merchant Agreement, Driver Agreement, Affiliate or Independent Sales Representative Agreement, Community Commerce Agreement, Shopping Center or Founding Partner Agreement, Chamber Agreement, Privacy Policy, Wallet or Gift Card Terms, Trade Exchange terms, promotional terms, transaction terms, disclosures, consents, operating rules or other program-specific terms.

Where a valid, more-specific agreement directly governs the same subject and cannot reasonably be read consistently with these Terms, the more-specific provision controls only to the extent of the actual conflict, subject to applicable law and any express order-of-precedence rule.

1.3 Future Services and Platform Evolution

curbsidemall may add, modify, integrate, test, suspend, replace, retire or discontinue lawful features, technologies, services, delivery methods, payment methods, programs or business models. New or materially different services may require additional eligibility, disclosures, verification, program terms, operational procedures or affirmative acceptance.

2. Key Definitions

The following definitions are used throughout these Terms. More-specific agreements may include additional definitions.

• "Customer" means an individual or authorized user who uses the Platform to discover, purchase, reserve, request, receive or otherwise obtain products, services or other authorized offerings.
• "Merchant" means an independent business, organization or other approved provider that offers products, services, food, beverages, appointments or other authorized offerings through the Platform.
• "Driver" means an individual or organization that performs authorized pickup or delivery activity through or in connection with the Platform, subject to the actual legal relationship, applicable law and any separate agreement.
• "Shopping Center" includes a participating shopping center, commercial property, retail center or similar property whose owner, manager or authorized representative participates in curbsidemall programs.
• "Parking Stand" means curbsidemall-branded or authorized equipment used to identify, support or facilitate designated pickup, Park & Eat, order-identification or related Platform activity. A Parking Stand is not a traffic-control device, vehicle barrier, pedestrian-protection device, structural safety device or safety zone.
• "CarHop Service" means an authorized curbside or vehicle-side service through which a Customer may receive an Order or related service at a designated location.
• "On-the-Table Dining" means a supported dining method through which a Customer may order, pay or otherwise use Platform features for food or beverage service associated with a participating Merchant.
• "Home Delivery" means delivery of products or services to a Customer-selected location by a Driver, Merchant employee or other authorized delivery provider.
• "Order" means a purchase, reservation, appointment, request, pickup, delivery, catering request, service request or other transaction initiated through the Platform.
• "Customer Confirmation Code" means a code, credential or other authentication method used to help verify Customer identity, authorize release of an Order, confirm completion or reduce fraud.
• "Order Number" means a Platform-generated or Merchant-recognized identifier associated with an Order. An Order Number is not necessarily a substitute for a required Customer Confirmation Code.
• "User Content" means content submitted, uploaded, transmitted, displayed or otherwise provided by a user, including reviews, ratings, comments, photographs, videos, menus, pricing, business descriptions, logos, advertisements and messages.
• "AI Features" means artificial intelligence, machine learning, automation, recommendation engines, chatbots, predictive systems, intelligent automation, analytics tools and similar technologies used in or through the Platform.
• "Verification Badge" means a Platform designation indicating that specified information or documentation has been reviewed or confirmed under applicable curbsidemall procedures. It is not a general safety certification, legal-compliance guarantee, professional certification or warranty.
• "Accessibility Features" means accessibility-related technologies, interfaces, accommodations, information, settings or other features made available through the Platform. Availability may vary by service, device, Merchant, location, technical feasibility and applicable law.
• "Community Commerce Network" or "CCN" means curbsidemall programs designed to support ethical local-business discovery, Merchant recommendations, community participation and related local-commerce activity.
• "Participant" or "User" means a person or organization authorized to use or participate in some portion of the Platform.
• "Applicable Law" means federal, state, local, municipal, regulatory and other laws, regulations, ordinances, binding governmental orders and legally applicable requirements governing the relevant party, transaction, service, program or conduct.

3. Eligibility, Registration, Accounts and Electronic Agreement

3.1 Eligibility and Authority

You must satisfy applicable age, legal-capacity, identity, licensing and eligibility requirements and must be legally permitted to use the applicable Platform service. If you act for a business or organization, you represent that you have authority to act for and bind that organization where a binding agreement is being accepted.

Where permitted by law, a parent, legal guardian, caregiver, school or other authorized representative may establish or manage an account for a minor or person requiring assistance and assumes responsibility to the extent permitted by law.

3.2 Registration and Verification

You must provide materially accurate, current and complete registration information. curbsidemall may require reasonable identity, business, payment, address, age, Merchant, Driver, device or other verification before allowing access to an account, transaction, program or feature.

curbsidemall may deny, delay or restrict participation when verification cannot be completed or when the activity presents an unacceptable fraud, security, legal, regulatory, safety or compliance risk.

3.3 Account Ownership, Profiles and Saved Information

Accounts are personal to the authorized account holder or organization and may not be sold, rented, transferred, pledged or shared except where curbsidemall authorizes a transfer or applicable law requires recognition of one.

Depending on available features, Customers may maintain profile information, saved payment methods, saved addresses, pickup preferences, communication preferences and accessibility preferences. Merchants may maintain business profiles, Merchant Storefronts, contact information, products, menus, pricing, hours and other business information. Users remain responsible for keeping material information current.

3.4 Account Security and Unauthorized Use

• Protect passwords, authentication codes, Customer Confirmation Codes, devices and other credentials.
• Do not share credentials with unauthorized persons or access another person's account without permission.
• Promptly report known or suspected unauthorized access, identity theft, password compromise, phishing, fraudulent activity or unauthorized transactions.
• Use only authorized curbsidemall applications, interfaces, integrations and access methods.

You are responsible for account activity to the extent permitted by law, subject to legally recognized rights and defenses concerning fraud, identity misuse, unauthorized transactions and electronic errors.

3.5 Dormant Accounts, Closure, Incapacity and Business Changes

curbsidemall may apply reasonable procedures to dormant or inactive accounts, including security re-verification or feature restrictions. Users may close eligible accounts through applicable procedures, but closure does not eliminate outstanding Orders, amounts lawfully owed, pending disputes or obligations arising from prior conduct.

If an individual account holder dies or becomes legally incapacitated, or if a participating organization dissolves, reorganizes or changes ownership, curbsidemall may require documentation and may restrict, transfer, close, update or re-verify the applicable account as permitted by law and applicable agreements.

3.6 Electronic Communications, Records and Signatures

Where permitted by law, curbsidemall may provide account, transaction, security, contractual, policy, legal and Platform communications electronically. Consent to receive electronic communications does not automatically constitute affirmative agreement to every contractual provision.

Electronic signatures, click-through agreements, electronic acknowledgments and digital confirmations may satisfy writing, signature or acceptance requirements where permitted by law. curbsidemall may use account credentials, multi-factor authentication, email or telephone verification, device or session information, secure links, digital signatures, Customer Confirmation Codes and other reasonable authentication information to attribute an electronic action to a participant.

4. What curbsidemall Is - and Is Not

4.1 Technology and Local-Commerce Platform

curbsidemall operates a technology and local-commerce platform that helps independent participants discover one another, communicate, transact, promote offerings, coordinate pickup or delivery, participate in Community Commerce and use other authorized Platform services.

Except where curbsidemall expressly assumes a responsibility in a valid written agreement or applicable law requires otherwise, curbsidemall is not the manufacturer, restaurant operator, retailer, professional-service provider, employer, property owner, insurer, bank, financial institution, guarantor, real-estate broker or direct provider of products or services offered by independent participants.

4.2 Independent Participants; No Automatic Agency or Employment

Use of the Platform does not, by itself, create a partnership, joint venture, agency, franchise, fiduciary, brokerage, employment, property-management, investment or legal-representative relationship between curbsidemall and another participant.

Marketing descriptions such as "extra sales representative," "sales channel," "growth resource" or similar commercial language describe the value curbsidemall may seek to provide. They do not create legal agency, authority to bind a Merchant, employment, brokerage, fiduciary duties or guaranteed sales unless a valid written agreement expressly establishes a different relationship.

No participant may enter contracts, make warranties, incur obligations, guarantee services or otherwise bind curbsidemall unless expressly authorized.

4.3 Responsibility Follows Control

Each person or organization remains responsible for conduct, property, products, services, food, beverages, personnel, vehicles, premises, systems, data, licenses, insurance, taxes, legal compliance and other matters within that person's or organization's control or legal responsibility. A Platform listing, payment, recommendation, verification, pickup, delivery, communication or transaction does not automatically transfer those responsibilities to curbsidemall.

4.4 Ordinary Risks and Independent Decisions

Customers and other participants make independent purchasing, business and operational decisions. Platform participation may involve ordinary risks associated with retail commerce, food and beverage consumption, parking lots, vehicles, delivery, outdoor commerce, weather, third parties, Internet services, mobile devices and emerging technologies.

Nothing in these Terms requires a user to waive rights or remedies that applicable law does not permit to be waived.

4.5 No General Duty to Inspect, Certify, Monitor or Supervise

Except where expressly required by applicable law or a separate written agreement, curbsidemall has no general obligation to inspect, audit, certify, monitor, supervise or continuously evaluate the operations, premises, products, food, services, Parking Stands, vehicles, employees, contractors or legal compliance of independent participants.

curbsidemall does not routinely inspect or certify Merchant kitchens, food preparation, food temperatures, Merchant products, Merchant employees, Customer or delivery vehicles, Shopping Center premises, parking lots, outdoor dining areas or other independent locations.

curbsidemall may voluntarily visit a location, review a profile, verify selected information, request documentation, review complaints, offer operational suggestions or provide a Verification Badge. Those activities do not by themselves create a safety certification, regulatory approval, warranty, guarantee or continuing duty to re-inspect, monitor, repair, supervise or warn.

4.6 Third Parties and No Endorsement

The Platform may interact with independent Shopping Centers, Chambers of Commerce, schools, nonprofits, trade associations, Community Commerce Partners, payment processors, financial institutions, mapping providers, cloud providers, AI providers, marketing partners, external websites and other third parties.

Unless expressly stated in a valid agreement, curbsidemall does not own or control those independent parties and does not guarantee their conduct, products, services, availability, security, policies or future performance. Displaying, linking to, verifying, recommending or enabling interaction with an independent party does not by itself constitute an endorsement or guarantee.

5. Customer Ordering, Pickup, Dining and Delivery

5.1 Placing and Reviewing an Order

Customers are responsible for reviewing the Merchant, item or service, quantity, price, applicable taxes and fees, pickup or delivery method, location, timing and other material Order details before confirmation.

Submitting an Order may constitute an offer to purchase or request a service. A Merchant may accept, reject, modify where authorized, or cancel an Order subject to the applicable transaction terms, Merchant policies and law.

5.2 Customer Order Fulfillment Options

Depending on the participating Merchant and available Platform services, Customers may select one or more of the following fulfillment options:

• Curbside Pickup.
• In-Store Pickup.
• On-the-Table Dining.
• Park & Eat.
• Home or Office Delivery.

As the Platform evolves, curbsidemall may introduce additional fulfillment options, including:

• Authorized Third-Party Pickup.
• Autonomous or Technology-Assisted Fulfillment.
• Other fulfillment methods approved by curbsidemall.

Not every fulfillment option will be available for every Merchant, Shopping Center, geographic area, product category or transaction. Availability depends on Merchant participation, operational capability, technology, applicable law, safety considerations and other business conditions.

5.3 Payment Authorization and Merchant Acceptance

By submitting a payment method, the Customer represents that the Customer is authorized to use it and authorizes charges properly due for the applicable Order. Payment authorization does not necessarily mean that a Merchant has accepted or completed the Order.

5.4 Order Numbers and Customer Confirmation Codes

The Platform may assign an Order Number and, where supported, a Customer Confirmation Code or other authentication credential. Customers must safeguard confirmation credentials and should provide them only when prepared to receive the correct Order from the authorized Merchant or authorized fulfillment provider.

Where verification is required, a Merchant should verify the applicable Customer Confirmation Code or other approved credential before releasing the Order. Possession of an Order Number or mobile device alone does not require a Merchant to release an Order where reasonable concerns exist regarding identity, authorization or transaction security.

If identity or authorization cannot reasonably be verified, release may be delayed until verification is completed through an approved method. No verification system eliminates every risk.

5.5 Modifications, Cancellations and Scheduled Orders

Order modification and cancellation rights depend on the Merchant, timing, preparation status, product or service type, applicable Platform functionality, program terms and law. Customers should review applicable cancellation terms before submitting an Order.

Scheduled Orders, reservations and promotional Orders remain subject to Merchant acceptance, availability, operating hours, staffing and any applicable scheduling or cancellation rules.

5.6 Arrival and Pickup

Customers should arrive during the Merchant's designated pickup or service window. Where supported, a Customer may notify a Merchant of arrival by using an 'I'm Here' function, entering or selecting a Parking Stand number, identifying a designated pickup location, confirming arrival through the application or using another approved arrival technology.

Customers must follow lawful Merchant pickup procedures, Shopping Center traffic requirements, Parking Stand instructions and reasonable directions provided by authorized personnel.

Arrival notification and estimated pickup times are operational estimates and do not guarantee immediate service. Times may vary because of Merchant operations, staffing, Order volume, traffic, weather, technical interruptions, supply conditions and other circumstances.

5.7 Authorized Pickup by Another Person

Where supported, a Customer may authorize another person to pick up an Order. The authorized person may be required to present the applicable Customer Confirmation Code, identification or other approved verification information.

Customers are responsible for exercising reasonable care when sharing authorization information. Merchants may refuse or delay release when authorization cannot reasonably be verified.

5.8 Delivery

Delivery may be performed by Merchant employees, independent Drivers, third-party delivery providers, Merchant-managed services or future approved delivery technologies. Delivery availability and timing may vary based on Merchant participation, geography, staffing, traffic, weather, safety, law, technology and other operational conditions.

Customers are responsible for providing accurate delivery addresses, current contact information, reasonable delivery instructions, safe and lawful access, and timely communication when delivery issues arise.

Drivers remain responsible, to the extent applicable to their role, for safe vehicle operation, traffic-law compliance, legally required licenses and insurance, vehicle condition, accurate status reporting and reasonable care of Orders while in their possession.

5.9 Customer Responsibilities During Pickup or Delivery

• Be reasonably available during scheduled pickup or delivery windows.
• Follow Merchant pickup procedures and lawful instructions from Merchants or Drivers.
• Exercise reasonable care while using designated pickup areas.
• Review the Order for obvious discrepancies before acceptance where reasonably practicable.
• Retain receipts or transaction confirmations when appropriate.
• Promptly report significant fulfillment problems to the Merchant or curbsidemall where appropriate.
• Treat Merchant personnel, Drivers, Shopping Center personnel and other participants respectfully.

5.10 Delayed or Unclaimed Orders

Products, especially food, beverages and other perishable or temperature-sensitive items, may decline in quality if not promptly retrieved or accepted. Participating Merchants may establish reasonable procedures for delayed pickup, unclaimed Orders, storage limits, lawful disposal, re-preparation charges, refund eligibility or donation where permitted.

Unless otherwise required by law or the Merchant's applicable policies, Customers should not expect automatic refunds for properly prepared Orders that are not timely retrieved or accepted.

5.11 Operational Interruptions

Order fulfillment may be delayed, modified, suspended or temporarily unavailable because of severe weather, natural disasters, traffic incidents, utility or equipment failures, supply-chain disruptions, vehicle breakdowns, payment-system interruptions, Platform outages, cybersecurity incidents, public-health emergencies, governmental action, Shopping Center access restrictions, labor disruptions, unsafe conditions or other qualifying extraordinary events.

6. Merchant Products, Services and Order Responsibilities

6.1 Independent Merchant Responsibility

Merchants are independent businesses or organizations. Subject to applicable law and any separate Merchant Agreement, each Merchant remains responsible for its products and services, descriptions, pricing, inventory, menus, ingredients and allergens, food preparation, safety, availability, fulfillment, customer service, returns, refunds, exchanges, warranties, advertising claims, licenses, permits, taxes, personnel, insurance and legal compliance.

6.2 Listings, Pricing and Availability

Merchants must use reasonable efforts to keep material business information accurate and current, including products, services, menus, prices, hours, inventory or availability, applicable fees, promotions, accessibility information and other information the Merchant controls.

A Merchant may change future prices, availability or offerings subject to accepted Orders, applicable disclosures, Platform rules and law. curbsidemall may format or technically edit Merchant content for compatibility, accessibility, display, fraud prevention or Platform operation without assuming responsibility for the underlying Merchant offering.

6.3 Food, Beverages and Product Safety

Merchants that prepare, manufacture, handle, store, package, label, advertise, sell, distribute or provide food, beverages, products or services remain responsible for applicable preparation, manufacture, storage, sanitation, ingredients, allergens, temperatures, packaging, labeling, warnings, instructions and safety requirements within their control or legal responsibility.

This includes risks involving hot food or beverages, allergens, foodborne illness, contamination, improper preparation or storage, defective products, missing or inadequate warnings and other product-related conditions.

Customers acknowledge that food and beverage consumption may involve inherent risks, including allergic reactions, food sensitivities, choking hazards, hot food or beverages, naturally occurring bones or shell fragments and dietary restrictions. Customers should communicate known allergies or dietary restrictions directly to the Merchant.

6.4 Prohibited or Restricted Products and Services

Merchants may not use the Platform to advertise, offer, distribute or sell products or services prohibited by applicable law, binding governmental order, applicable Platform policy or program requirements. curbsidemall may establish or revise restricted categories to protect users, comply with law and preserve Platform integrity.

6.5 Product Recalls and Safety Notices

A Merchant must promptly notify curbsidemall where reasonably required by the applicable relationship when the Merchant becomes aware of a material product recall, governmental safety notice, significant defect, unsafe food or product condition, or other material health or safety issue affecting an offering made available through the Platform.

curbsidemall may remove or restrict affected listings, request documentation, notify affected users where appropriate and legally permitted, or take other reasonable protective action. Such action does not create a general duty to inspect or continuously monitor Merchant products.

6.6 Order Acceptance, Preparation and Customer Notifications

Merchants remain responsible for determining whether they can accept and fulfill an Order, preparing accepted Orders within reasonable operational limits, providing materially accurate fulfillment information and communicating material delays, substitutions, cancellations or other Order issues where reasonably practicable.

6.7 Customer Confirmation Code and Release

Where the Customer Confirmation Code system is used, participating Merchants should verify the applicable code or approved authentication method before releasing products or services. A Merchant may delay release when verification fails or when reasonable concerns exist regarding unauthorized pickup, fraud or identity.

6.8 Merchant Customer Service, Refunds and Satisfaction

Merchants remain responsible for Merchant-controlled customer service, product quality, returns, exchanges, warranties and refunds, subject to applicable law and Merchant policies. curbsidemall may facilitate communication or provide available Platform records without assuming the Merchant's independent obligations.

6.9 Merchant Compliance, Accessibility, Privacy and Insurance

Merchants remain responsible for applicable licenses, permits, certifications, employment obligations, taxes, insurance, product and food safety, privacy and confidentiality obligations, intellectual-property compliance, non-discrimination requirements and accessibility obligations within their control.

Detailed Merchant operational requirements may be governed by a separate Merchant Agreement and incorporated policies.

7. Parking Stands, Physical Locations, Safety, Insurance and Incidents

7.1 Parking Stands Are Convenience and Identification Equipment

Parking Stands are intended to help identify or facilitate pickup, Park & Eat, ordering or other authorized Platform activities. They are not engineered safety devices, traffic-control devices, vehicle barriers, pedestrian-protection devices, structural safety equipment or designated safety zones.

Users must not rely on a Parking Stand to stop or redirect a vehicle, prevent a collision, secure property, protect a pedestrian or provide physical protection from traffic or other hazards.

7.2 Premises and Parking-Area Responsibility

Unless a separate agreement provides otherwise, the person or organization owning, possessing, leasing, managing or controlling a physical location remains responsible for matters within that party's control, including premises condition, parking areas, traffic-control systems, lighting, walkways, accessibility obligations, security and property compliance.

7.3 Placement, Inspection and Maintenance

To the extent placement, anchoring, relocation, routine inspection, maintenance, repair, replacement or removal of a Parking Stand is within a Merchant's, Shopping Center's or property operator's control or assigned by agreement, that participant remains responsible for those activities.

Participants responsible for Parking Stands should periodically check for visible damage or instability, secure equipment as reasonably required and remove equipment from service when it presents an unreasonable hazard.

Unless expressly agreed, curbsidemall does not provide ongoing engineering certification, structural evaluation, weather monitoring, installation, repair or maintenance services for every Parking Stand.

7.4 Customer Vehicle and Pickup-Area Responsibilities

• Park only in lawful and designated locations.
• Do not block traffic lanes, fire lanes, accessible spaces or neighboring businesses.
• Follow lawful Merchant and property instructions.
• Exercise reasonable care around vehicles, pedestrians, employees, curbs, walkways and equipment.
• Operate and secure vehicles lawfully and safely.
• Remain responsible for passengers, minors, pets and personal property to the extent within the Customer's control or legal responsibility.
• Vacate designated pickup areas promptly after the transaction is completed.

Customers using Park & Eat or similar services should keep designated areas reasonably clean and dispose of food containers, packaging, beverages and other waste in appropriate receptacles.

7.5 Weather, Outdoor Commerce and Ordinary Physical Risks

Outdoor commerce, parking lots, curbside pickup, delivery and outdoor dining may involve ordinary risks associated with traffic, wind, rain, snow or ice where applicable, lightning, flooding, extreme heat, dust, falling debris, reduced visibility, uneven surfaces, insects, wildlife, public environments, vandalism, theft and third-party conduct.

Each participant remains responsible for exercising reasonable care and for conditions within that participant's control or legal responsibility.

7.6 Safety Responsibilities

Merchants remain responsible for Merchant-controlled food, products, employees, equipment and operational safety. Drivers remain responsible for safe driving and delivery activity within their control. Shopping Centers and property operators remain responsible for premises matters within their control. Customers remain responsible for reasonable care during pickup, delivery, dining and product use after receipt.

7.7 Insurance

Merchants, Drivers, Shopping Centers, property operators, Community Commerce Partners, event organizers and other participating organizations remain responsible for insurance required by law, lease, contract or separate agreement.

curbsidemall may request evidence of required insurance. Reviewing, receiving, accepting or failing to request insurance information does not constitute insurance advice, approval of policy sufficiency, a guarantee that a claim will be covered, or an assumption of another participant's insurance obligations.

7.8 Incident and Safety Reporting

Operational participants should promptly report material Platform-related incidents where reasonably appropriate to their role and required by these Terms, a valid agreement or law. Customers and other ordinary users should report material incidents where reasonably practicable and appropriate.

• Personal injuries.
• Vehicle collisions in designated pickup areas.
• Significant property damage.
• Parking Stand damage, instability, theft, vandalism or unauthorized relocation.
• Dangerous conditions affecting pickup or delivery.
• Suspected fraud or Customer Confirmation Code misuse.
• Threats, violence or significant criminal activity.
• Material operational or security disruptions.

Reporting to curbsidemall does not replace any independent obligation to contact law enforcement, emergency services, insurers, property owners, employers or governmental authorities.

8. Payments, Wallet, Gift Cards, Trade and Future Payment Technologies

8.1 Payment Methods and Processing

curbsidemall may support one or more approved payment methods, including payment cards, bank or ACH-based methods, Wallet balances, Gift Cards, Trade Credits, Promotional Credits, Loyalty Rewards or future approved methods, subject to availability, verification, law and applicable program terms.

Payments may be processed by independent payment processors, banks, card networks and other authorized providers. Their terms, security procedures, operating rules and privacy practices may apply.

curbsidemall may establish reasonable payment limits, verification requirements, supported currencies, security controls and transaction restrictions.

8.2 Wallet and Stored Value - If Offered

curbsidemall may now or in the future offer a digital stored-value account known as the curbsidemall Wallet. Where offered, separate Wallet Terms may govern funding methods, cash loading, balances, spending, transfer or withdrawal rights, transaction limits, identity verification, inactivity, fraud controls, unclaimed property and other legally required disclosures.

Unless required by law or expressly stated in applicable Wallet Terms, Wallet balances are not bank deposits or FDIC-insured solely because value is stored in the Wallet.

8.3 Gift Cards, Loyalty Rewards and Promotional Credits

curbsidemall may offer physical or digital Gift Cards, Merchant Gift Cards, Loyalty Rewards or Promotional Credits. Program-specific eligibility, redemption, expiration, transferability, fees, Merchant participation, fraud controls and legal disclosures may apply.

Loyalty Rewards and Promotional Credits have no cash value unless expressly stated. Lost, stolen, altered or fraudulently obtained value may be restricted or canceled to the extent permitted by law.

8.4 Trade Exchange Programs and Trade Credits

curbsidemall may support approved barter organizations, Trade Exchanges or business exchange networks. Participation may require separate membership, authorization codes, verification, pricing, reporting or program terms.

Trade organizations are independent unless a written agreement states otherwise. curbsidemall does not guarantee the value, exchange rate, purchasing power, transferability, availability or Merchant acceptance of Trade Credits. Participants remain responsible for taxes and obligations applicable to trade transactions.

8.5 Digital Assets and Future Financial Technologies

Subject to law, curbsidemall may in the future support approved digital assets, cryptocurrencies, stable-value digital assets, blockchain technologies, digital tokens or compatible third-party wallets. If implemented, those services may require separate terms, disclosures, regulatory eligibility and third-party providers.

Digital assets may be volatile, irreversible, subject to network fees, technology failures, regulatory changes and third-party wallet risks. curbsidemall does not guarantee market value, liquidity, convertibility, continued support or recovery of assets controlled by independent wallet providers.

8.6 Financial-Service Limitation

Except to the extent curbsidemall is duly licensed, registered, authorized or otherwise permitted by law to provide a regulated service, curbsidemall does not hold itself out as a bank, credit union, securities broker, investment adviser, money manager, insurance company, money transmitter or other regulated financial institution.

9. Fees, Billing, Refunds, Returns and Chargebacks

9.1 Commercial Programs and Fees

Certain Merchant, registration, subscription, premium, advertising, enterprise, promotional, Founding Merchant, Founding Partner, Pilot Program, school, nonprofit, Shopping Center or other Commercial Programs may involve fees or special pricing. Applicable pricing, billing cycles, cancellation rights, renewal terms and program conditions will be disclosed through the applicable enrollment or program terms.

9.2 Automatic Renewal and Pricing Changes

Where applicable and permitted by law, recurring subscriptions or Commercial Programs may automatically renew unless canceled in accordance with the applicable terms. curbsidemall will provide legally required disclosures, notices, consent and cancellation rights.

curbsidemall may change future pricing or discontinue future programs subject to existing contractual commitments and applicable law. Pricing changes will not retroactively alter completed billing periods unless lawfully agreed.

9.3 Billing Errors and Failed Payments

Users should promptly report suspected billing errors, duplicate charges, unauthorized transactions or other material billing discrepancies. curbsidemall may investigate and correct confirmed errors as required by law or applicable payment rules.

If a payment fails, the related Order, service, subscription, feature or program may be delayed, restricted, suspended or canceled. Valid amounts that remain lawfully owed remain payable.

9.4 Returns, Refunds and Exchanges

Refund, return, exchange, cancellation and warranty eligibility generally depends on the applicable Merchant's policies, the transaction, program terms and law. Unless curbsidemall expressly assumes responsibility, curbsidemall does not automatically become responsible for refunds relating to products or services provided by independent Merchants.

Customers should generally make a good-faith effort to work directly with the Merchant concerning returns, exchanges, damaged merchandise, incorrect Orders, missing items, back-ordered products, warranties and Merchant-controlled refunds when reasonable.

curbsidemall may issue a full or partial refund when it reasonably determines that a payment-processing error, duplicate charge, confirmed technical failure, fraud or another exceptional circumstance warrants one. Doing so in one case does not create an obligation to do so in another.

9.5 Chargebacks and Financial Misconduct

Nothing in these Terms limits lawful chargeback, unauthorized-transaction, refund or consumer-protection rights. However, users may not knowingly submit fraudulent chargebacks, fabricate evidence, falsely claim non-delivery, abuse refund or return processes, use stolen payment information or otherwise obtain value through deception.

curbsidemall may investigate suspected fraud, payment disputes, identity theft, account takeover, unauthorized activity, Trade Credit abuse, promotional abuse, sanctions concerns, money laundering and other suspected financial misconduct.

9.6 Collections, Taxes and Records

If lawfully owed amounts remain unpaid, curbsidemall may suspend affected services, pursue lawful collection methods, refer accounts to collection providers and seek available legal remedies to the extent permitted by law or contract.

Each participant remains responsible for taxes applicable to that participant's own transactions, income or activities. curbsidemall may collect, report, withhold or remit taxes where required by law.

10. Community Commerce, Recommendations and Special Programs

10.1 Voluntary Community Commerce

Participation in the Community Commerce Network is voluntary. Community Commerce is designed to help Customers discover participating Merchants, encourage ethical recommendations, strengthen local commerce and support community relationships.

10.2 Merchant Recommendations and Customer Choice

Merchants and other authorized participants may recommend other businesses or services. A recommendation does not guarantee quality, availability, safety, savings, business results or Customer satisfaction. Customers retain independent choice and should make purchasing decisions based on their own judgment.

10.3 No Pyramid, Multi-Level Marketing or Investment Program

Community Commerce is not, merely because it includes recommendations, referrals or participant incentives, a pyramid scheme, multi-level marketing program, investment product, franchise, securities offering or guaranteed business opportunity. No participant is promised profit, ownership, investment returns or guaranteed compensation except as expressly provided by a valid applicable agreement.

10.4 Community Standards

Community Commerce participants must act in good faith, avoid deception, respect independent purchasing decisions, refrain from harassment and comply with applicable law and any applicable Community Commerce terms.

10.5 Pilot, Fundraising and Future Programs

curbsidemall may offer Pilot Programs, Founding Merchant or Founding Partner initiatives, school or nonprofit fundraising programs, Merchant Success Programs, Shopping Center pilots, Community Commerce initiatives and other current or future programs. Participation may require separate eligibility, pricing, disclosures, operational rules or agreements. No pilot or future program is guaranteed to continue or expand.

11. User Content, Reviews, Feedback and Testimonials

11.1 User Content Ownership and License

You retain ownership of User Content that you independently own and lawfully submit. You represent that you have the rights and authority necessary to provide it and that it does not unlawfully violate another person's rights.

By submitting User Content, you grant curbsidemall a worldwide, non-exclusive, royalty-free license, sublicensable only as reasonably necessary to operate the Platform, to host, store, reproduce, display, distribute, transmit, format and adapt that content for accessibility, compatibility, security, Platform operation, promotion, maintenance and improvement.

11.2 Honest Reviews

Reviews should reflect genuine personal experience and should be truthful, accurate, respectful, relevant and based on actual transactions or experiences. Users should disclose material relationships when required by law or Platform policy.

11.3 Prohibited Review Conduct

• Submitting reviews for transactions or experiences that did not occur.
• Creating fake or multiple accounts to manipulate ratings.
• Purchasing, selling or exchanging reviews without required disclosure.
• Using automated systems or AI to generate deceptive reviews.
• Submitting knowingly false factual statements.
• Harassing, threatening, intimidating or retaliating through the review system.
• Coordinating deceptive review campaigns or review bombing.
• Submitting more than one review for a completed transaction where Platform rules permit only one.

11.4 Merchant Responses and No Retaliation

Where response functionality is available, Merchants may respond to reviews. Responses should be professional, respectful, fact-based and free from harassment. Merchants must not disclose confidential Customer information in review responses and must not unlawfully retaliate against Customers for honest reviews.

11.5 Merchant Response Period and Negative-Review Display

Because curbsidemall seeks to support constructive communication while maintaining transparency for Customers, participating Merchants are provided a reasonable opportunity to respond to negative Customer reviews.

• A Merchant has fourteen (14) calendar days from the date a negative review is submitted to post a response through the Platform, where response functionality is available.
• If the Merchant submits a timely response within the fourteen (14)-day response period, the negative review may remain publicly displayed for up to thirty (30) days from the date it is first published, unless removed earlier under these Terms or applicable law.
• If the Merchant does not submit a response within the fourteen (14)-day response period, the negative review may remain publicly displayed for up to ninety (90) days from the date it is first published.
• At the expiration of the applicable display period, curbsidemall may archive, remove or otherwise limit public visibility of the review.

curbsidemall is not required to remove a review that must remain available under applicable law, court order, governmental or regulatory requirement, or for investigation of fraud, abuse or other violations.

11.6 Review Moderation and Appeals

curbsidemall may investigate, moderate, restrict, redact where appropriate, archive or remove reviews and other User Content that reasonably appears to violate these Terms, Platform policy or law, including fraud, spam, harassment, threats, obscene material, confidential information, infringement, impersonation, duplicate content, malicious links or materially false factual claims presented as fact.

Moderation may use human review, automated systems, AI-assisted tools, user reports or hybrid methods. No moderation method guarantees detection or removal of every inappropriate review. Where available, users may use applicable review or account appeal procedures.

11.7 Feedback and Suggestions

If you voluntarily provide ideas, feature requests, suggestions, improvements or other feedback about the Platform, you grant curbsidemall a perpetual, worldwide, non-exclusive, royalty-free and irrevocable license to use and incorporate that feedback into current or future products or services without compensation or additional approval, unless a more-specific written agreement provides otherwise.

11.8 Testimonials and Promotional Use

Where a Customer voluntarily submits a testimonial, success story, photograph, video or similar content specifically for promotional purposes, or separately authorizes curbsidemall to use it, curbsidemall may use that content in accordance with the applicable consent. Nothing requires curbsidemall to publish or continue using promotional content.

12. Accessibility, Inclusive Commerce and Non-Discrimination

curbsidemall is designed to support convenient and inclusive local commerce. The Platform may offer Accessibility Features, accessibility-related information, preferences, alternative interfaces or other accommodations.

Availability and effectiveness of Accessibility Features may vary by device, browser, operating system, Merchant, Shopping Center, service, geography, technical feasibility and applicable law.

Unless curbsidemall expressly assumes a specific obligation or applicable law requires otherwise, the presence of accessibility information, a Verification Badge, a recommendation, a listing or participation in curbsidemall does not certify that an independent Merchant, Shopping Center, property or service satisfies every accessibility law or accommodation requirement.

Merchants, Shopping Centers, property operators and other independent participants remain responsible for accessibility and non-discrimination obligations within their own control and legal responsibility.

13. Privacy, Confidentiality, Data and Security

13.1 Privacy Policy

curbsidemall's collection, use, storage, processing, disclosure, retention and protection of personal information is governed by the applicable Privacy Policy and law. These Terms do not replace the Privacy Policy.

13.2 Participant Use of Protected Information

Participants that receive Customer, Merchant, Platform or other protected information through the Platform must use it only as permitted by law, these Terms, the Privacy Policy and any applicable separate agreement.

Participants must not misuse confidential information, access credentials, Customer information, Merchant information, non-public business information, proprietary Platform information or other protected data.

13.3 Security Responsibilities and Incident Reporting

Users must protect devices, passwords, authentication credentials, Customer Confirmation Codes and other access information. A Merchant, Driver, contractor, integration partner, Community Commerce Partner or other operational participant that becomes aware of a suspected or confirmed security incident materially affecting curbsidemall systems, Platform credentials, Platform transactions, Customer or Merchant information, or other protected Platform data must promptly notify curbsidemall where required by these Terms, an applicable agreement or law.

Participants must take reasonable steps within their control to limit continuing harm and preserve relevant evidence. Contractual notice to curbsidemall does not replace independent statutory, regulatory, insurer, consumer or other breach-notification duties.

13.4 Platform Security and No Absolute Security Guarantee

curbsidemall may use commercially reasonable administrative, technical, organizational and physical safeguards, identity verification, fraud detection, authentication, security monitoring, automated systems and third-party security services.

No technology, network, payment system, communication system, device, cloud service or security program can guarantee complete protection from every cyber threat, fraud event, unauthorized access or security breach.

curbsidemall may investigate incidents, restrict access, preserve evidence and logs, require re-verification, reset credentials, disable compromised features or integrations, isolate systems and cooperate with lawful authorities or service providers where reasonably necessary and legally permitted.

14. Technology, AI, Beta Features, Third Parties and Platform Availability

14.1 AI, Automation and Personalization

curbsidemall may use AI Features, automation, machine learning, recommendations, analytics, fraud detection, personalization, accessibility technologies and other current or future technologies.

Technology-assisted outputs may contain errors, omissions, delays, false positives or limitations and may not always be complete, current or appropriate for every user.

14.2 Beta and Early-Access Features

curbsidemall may offer beta, pilot, experimental or early-access features. Such features may be incomplete, changed, withdrawn, interrupted or subject to additional terms. Participation does not guarantee permanent availability or future commercial release.

14.3 Third-Party Technologies and Services

The Platform may rely on payment processors, financial institutions, mapping services, communications providers, cloud providers, identity-verification providers, analytics, security services, AI providers, external APIs, trade organizations, delivery technologies and other independent third parties.

Except where required by law or expressly assumed in writing, curbsidemall does not control or guarantee the availability, accuracy, security, performance, personnel or independent conduct of those third parties.

14.4 Platform Availability, Maintenance and Updates

curbsidemall may use commercially reasonable efforts to maintain the Platform, but uninterrupted, delay-free, error-free, continuously secure or continuously available service is not guaranteed.

Maintenance, updates, capacity demands, Internet or telecommunications failures, utility failures, cyber incidents, device incompatibility, third-party outages, governmental action and extraordinary events may affect the Platform.

curbsidemall may modify, update, replace, suspend, retire or discontinue features, require software or security updates, migrate infrastructure or require compatible devices, browsers, operating systems or authentication methods.

14.5 Business Continuity, Backups and No Service-Level Guarantee

curbsidemall may maintain disaster-recovery, backup, business-continuity, scaling, migration or recovery processes as appropriate to Platform operations. No backup or recovery system can guarantee prevention of every interruption or data loss.

Nothing in these Terms creates a guaranteed uptime commitment, service-level agreement, recovery-time objective, recovery-point objective or obligation to maintain a particular third-party provider, infrastructure configuration, backup method or technology indefinitely unless expressly established in a separate written agreement.

15. Platform License and Intellectual Property

15.1 Limited License

Subject to these Terms, curbsidemall grants authorized users a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Platform only for intended personal or authorized business purposes. No ownership interest is transferred.

15.2 curbsidemall Ownership

curbsidemall and/or its licensors retain all right, title and interest in protectable Platform assets, including software, applications, websites, source and object code, databases, APIs, algorithms, AI and machine-learning systems, user-interface designs, documentation, branding, trademarks, proprietary datasets, business methods, operational workflows, Customer Confirmation Code methodologies, Parking Stand systems, Community Commerce methodologies, Merchant-acquisition and recommendation systems, know-how, trade secrets, improvements and future innovations.

15.3 Restrictions

Except where applicable law expressly permits otherwise or curbsidemall authorizes it, users may not copy, reproduce, distribute, commercially exploit, reverse engineer, decompile, disassemble, derive source code, circumvent technological protections, remove proprietary notices, create unauthorized derivative works, copy proprietary workflows, scrape protected non-public databases, discover non-public APIs or architecture, benchmark for competitive purposes, train AI systems using protected Platform materials, or use curbsidemall technology or confidential information to build or assist a competing product or service.

15.4 APIs, Mobile Applications, Open Source and Third-Party Rights

API access, developer access, integrations and mobile applications may be subject to additional technical or licensing terms. Open-source components and third-party software remain governed by applicable licenses. Third-party trademarks, content, software and intellectual property remain the property of their respective owners.

15.5 Copyright and Intellectual-Property Complaints

curbsidemall may maintain procedures for reporting alleged copyright or other intellectual-property infringement and may restrict or remove allegedly infringing material as required or permitted by law and applicable Platform procedures.

16. Lawful Use and Prohibited Conduct

You may use the Platform only for lawful, authorized purposes. You may not use the Platform to engage in or facilitate unlawful, fraudulent, deceptive, abusive, threatening, harassing, privacy-invasive, infringing, malicious or materially disruptive conduct.

• Provide materially false information or impersonate another person or organization.
• Use stolen or unauthorized payment information or commit fraud.
• Abuse chargebacks, refunds, returns, Gift Cards, Wallet features, Trade Credits, Loyalty Rewards, Promotional Credits or Customer Confirmation Codes.
• Attempt unauthorized access, bypass authentication or security controls, circumvent account restrictions, introduce malicious software or interfere with Platform operations.
• Test vulnerabilities without authorization.
• Scrape, crawl, harvest protected data, use unauthorized bots or access non-public APIs without permission.
• Infringe intellectual property, privacy, publicity, confidentiality or other legal rights.
• Harass, threaten, intimidate, retaliate against or unlawfully discriminate against another person.
• Offer prohibited or unlawfully restricted products or services.
• Manipulate reviews, ratings or Platform reputation systems.
• Violate applicable export controls, sanctions or other legally applicable restrictions.
• Use the Platform or Platform information to unlawfully damage curbsidemall, another participant or Platform security or integrity.

These restrictions do not prohibit truthful statements, honestly held reviews, good-faith complaints, lawful payment disputes, protected reports to regulators or law enforcement, or exercise of rights that cannot lawfully be waived.

17. Complaints, Investigations, Suspension, Termination and Reinstatement

17.1 Complaints and Good-Faith Resolution

Customers and Merchants are encouraged, where reasonable, to address ordinary transaction problems directly with the applicable Merchant before requesting curbsidemall assistance. curbsidemall may provide communication tools, review available Platform records or take administrative action without becoming the adjudicator of every dispute between independent participants.

17.2 Investigations and Protective Measures

curbsidemall may investigate suspected fraud, security incidents, false information, prohibited products, payment abuse, review manipulation, harassment, intellectual-property violations, unsafe conditions, Customer Confirmation Code misuse or other material violations.

During an investigation, curbsidemall may request documents or information, preserve relevant records, restrict transactions, place an administrative hold, disable features, require re-verification or take other reasonable protective measures.

17.3 Notice, Cure and Immediate Action

When reasonably practicable and legally appropriate, curbsidemall may provide notice and an opportunity to address or cure a problem. Providing a cure opportunity in one matter does not create an obligation to provide one in every future matter.

Immediate action may be taken without advance notice where reasonably necessary for safety, security, fraud prevention, legal compliance, evidence preservation, prevention of substantial financial loss, protection of confidential information or intellectual property, or protection of Platform integrity.

17.4 Suspension and Termination

curbsidemall may warn, restrict, hold, suspend, deactivate or terminate an account, listing, product, program, transaction, integration or feature when it reasonably determines that action is necessary to protect the Platform, participants, safety, security, legitimate business interests, financial integrity or legal compliance.

Grounds may include fraud, deceptive activity, unauthorized access, identity theft, materially false information, nonpayment, repeated suspicious payment disputes, infringement, harassment, unlawful conduct, prohibited products, cybersecurity risk, safety risk, failure to satisfy applicable verification or insurance requirements, or material violation of these Terms or applicable policies.

17.5 Appeals and Reinstatement

Where an appeal or review process is offered, users must provide truthful information and may be required to provide supporting documentation. Reinstatement may require correction of the underlying issue, payment of lawful amounts, identity or business re-verification, updated licenses or insurance, compliance confirmation or acceptance of then-current applicable terms.

Reinstatement is not guaranteed. A participant whose account has been permanently terminated must not create or use another account to fraudulently circumvent the termination unless curbsidemall authorizes future participation.

17.6 Effect of Closure or Termination

Closure, suspension or termination does not eliminate outstanding Orders, amounts lawfully owed, accrued claims or defenses, obligations arising from prior conduct, applicable investigations or provisions that survive by their nature or express terms.

18. No Guaranteed Results, No Professional Advice and Warranty Disclaimers

18.1 No Guaranteed Business or Customer Results

curbsidemall is designed to help local businesses reach Customers and help Customers discover and transact with local businesses. curbsidemall does not guarantee sales, revenue, profits, customer acquisition or retention, traffic, rankings, visibility, savings, Merchant participation, product availability, pickup or delivery times, referrals, partnerships, fundraising success, investment performance, property value or any other particular business, financial or shopping outcome.

18.2 Independent Judgment and No Professional Advice

Users remain responsible for their own business, financial, purchasing, operational and other decisions. Educational materials, analytics, AI-assisted outputs, business resources, recommendations and informational content do not constitute legal, financial, investment, tax, accounting, engineering, medical, insurance, real-estate, regulatory or other professional advice unless a valid separate agreement expressly states otherwise.

18.3 Platform and Merchant Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN A VALID SEPARATE WRITTEN AGREEMENT, THE PLATFORM AND ITS SOFTWARE, DIGITAL SERVICES, CONTENT, FEATURES AND RELATED TECHNOLOGIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

curbsidemall does not warrant that the Platform will always be uninterrupted, error-free, defect-free, compatible with every device, completely accurate, free from every cybersecurity threat or suitable for every user's individual needs.

Products and services offered by independent Merchants are provided by those Merchants. Except where curbsidemall expressly assumes responsibility or law requires otherwise, curbsidemall does not manufacture, prepare, inspect, test, certify, warrant or independently guarantee Merchant products or services.

18.4 Verification, Reviews and Accessibility Are Not Certifications

Reviews, ratings, Verification Badges, recommendations, referrals, accessibility information, rankings and other Platform information do not by themselves constitute endorsements, safety certifications, professional certifications, warranties or guarantees of complete legal, regulatory or accessibility compliance.

18.5 Implied Warranties and Non-Waivable Rights

TO THE FULLEST EXTENT PERMITTED BY LAW, curbsidemall DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE EXTENT THEY APPLY TO SERVICES PROVIDED DIRECTLY BY curbsidemall AND MAY LAWFULLY BE DISCLAIMED.

Nothing in these Terms eliminates an express written warranty made directly by curbsidemall or a consumer right, statutory guarantee, warranty, remedy or other right that cannot lawfully be waived or limited.

19. Limitation of Liability

19.1 Allocation of Responsibility

To the fullest extent permitted by law, responsibility remains with the person or organization legally responsible for the conduct, product, service, property, vehicle, system, data or circumstance giving rise to a claim. curbsidemall does not assume liability merely because an interaction, payment, pickup, delivery, recommendation, review, promotion, communication or transaction occurs through or in connection with the Platform.

19.2 Exclusion of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, curbsidemall AND ITS APPLICABLE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AUTHORIZED REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, ANTICIPATED SAVINGS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.3 Aggregate Monetary Limitation

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF curbsidemall AND ITS APPLICABLE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AUTHORIZED REPRESENTATIVES FOR CLAIMS ARISING OUT OF OR RELATING TO A USER'S USE OF THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID DIRECTLY TO curbsidemall BY THE CLAIMANT FOR USE OF THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00).

Amounts paid to independent Merchants, Drivers, financial institutions, trade organizations, third-party providers or other independent parties are not fees paid directly to curbsidemall for this limitation. Multiple claims arising from the same or related facts, circumstances, transactions or occurrences do not increase the aggregate limitation.

This cap does not itself reduce or extinguish a refund otherwise legally owed, Wallet or stored-value balance, Gift Card value, payment-error correction, amount already owed to a participant, funds or property that must legally be returned, or statutory remedy that applicable law does not permit to be capped.

19.4 Non-Waivable Liability

These limitations do not apply to liability that cannot lawfully be excluded or limited, including categories of liability or remedies that applicable law makes non-waivable.

20. Indemnification, Defense and Claims Handling

20.1 General Indemnification

To the fullest extent permitted by applicable law, each participant agrees, only to the extent arising from that participant's own conduct or legal responsibility, to defend where applicable, indemnify and hold harmless curbsidemall and its applicable parents, subsidiaries, affiliates, officers, directors, managers, employees, authorized representatives, contractors acting within the scope of authorized services, licensors, successors and assigns from qualifying third-party claims, liabilities, damages, judgments, settlements, lawfully indemnifiable penalties, reasonable attorneys' fees and reasonable costs arising from that participant's acts or omissions, products or services, violation of these Terms or law, fraud or material misrepresentation, breach of an applicable separate agreement, infringement or misappropriation, unauthorized Platform use or other conduct for which the participant is legally responsible.

20.2 Customer Indemnification Is Limited

A Customer's indemnification obligation is limited to matters legally attributable to the Customer, such as fraudulent purchases, unauthorized use of another person's account or payment information, misuse of Customer Confirmation Codes or Order Numbers, fraudulent chargebacks or refunds, false complaints or fabricated evidence, unlawful conduct, infringing User Content or property or bodily injury caused by the Customer's legally responsible conduct.

Nothing in these Terms requires a consumer to indemnify curbsidemall for a right or liability that consumer law prohibits shifting to the consumer.

20.3 Notice, Defense and Cooperation

A party seeking indemnification should provide reasonably prompt notice of a covered claim. Failure to provide prompt notice reduces or eliminates an indemnification obligation only to the extent the indemnifying party demonstrates material prejudice, except where law provides otherwise.

Where a duty to defend applies and curbsidemall requests that the indemnifying party assume the defense, the indemnifying party must use qualified counsel reasonably acceptable to curbsidemall, conduct the defense diligently and in good faith, keep curbsidemall reasonably informed and provide relevant information. curbsidemall may participate through counsel of its choosing subject to the applicable allocation of costs.

20.4 Settlement Authority

An indemnifying party may not settle a claim affecting curbsidemall without curbsidemall's prior written consent if the settlement admits wrongdoing by curbsidemall, leaves curbsidemall with unsatisfied monetary liability, creates continuing obligations, restricts future operations, affects intellectual-property or proprietary rights, requires disclosure of confidential information or fails to provide an appropriate release of covered claims.

20.5 Limits and Separate Agreements

No participant is required to indemnify curbsidemall for liability to the extent finally determined to arise solely from curbsidemall's fraud, willful misconduct or other liability that law prohibits shifting. More-specific Merchant, Driver, Shopping Center, Community Commerce, Affiliate, API or other agreements may contain additional lawful insurance, defense, reimbursement or risk-allocation provisions.

21. Force Majeure, Emergencies and Protective Remedies

21.1 Force Majeure and Excused Performance

To the fullest extent permitted by law, neither curbsidemall nor another participant will be considered in breach solely because performance of an obligation is prevented, rendered impracticable or materially delayed by a qualifying extraordinary event beyond that party's reasonable control.

Relief applies only to the obligation actually affected, for the period the event materially prevents or delays performance, to the extent the affected party did not cause or materially contribute to the event, and where the affected party uses commercially reasonable efforts under the circumstances to mitigate effects and resume performance. Unaffected obligations remain enforceable to the extent reasonably capable of performance.

21.2 Emergencies

Where an incident creates or appears to create an immediate threat to life, physical safety, significant property damage or ongoing criminal activity, participants should seek assistance from emergency services, law enforcement, property security or other qualified emergency responders before relying on Platform communications.

curbsidemall is not an emergency-response service. Customer support systems, Merchant communications and messaging functions are not substitutes for emergency responders, and reporting an emergency to curbsidemall does not guarantee immediate monitoring, response, intervention or dispatch.

21.3 Equitable and Immediate Protective Remedies

Subject to applicable law, curbsidemall may seek or use lawful immediate protective measures to protect intellectual property, trade secrets, confidential information, access credentials, Platform systems, cybersecurity, evidence, business relationships and other legally protected interests.

Nothing in these Terms prevents a party from seeking temporary, preliminary, emergency or provisional judicial relief where legally available.

22. Informal Dispute Resolution, Claims and Evidence Preservation

22.1 Good-Faith Informal Resolution

Before starting formal litigation or arbitration, the parties should, where reasonably practicable, attempt in good faith to resolve the dispute through direct communication and reasonable informal efforts.

A dispute notice should identify the claimant, relevant account or transaction information, the nature of the dispute, material supporting facts, the requested resolution and available supporting documents.

Participation in informal resolution does not require either party to surrender a right, admit liability, accept a settlement or compromise a claim or defense.

22.2 Internal Review by curbsidemall

Where appropriate, curbsidemall may review available transaction records, Customer Confirmation Code records, Order Numbers, account activity, Platform communications, payment or refund information, pickup or delivery records, photographs, videos, receipts and other available supporting information.

Internal review assists Platform administration and voluntary resolution. It is not automatically arbitration, mediation, a judicial proceeding or a determination of civil or criminal liability.

22.3 Preservation of Evidence

A participant who reasonably anticipates a material dispute, claim, investigation, arbitration, regulatory proceeding or litigation should use reasonable efforts to preserve relevant information and evidence, including receipts, Orders, transaction records, communications, payment records, photographs, videos and available Platform records.

Participants should not knowingly destroy, alter, conceal, fabricate or materially misrepresent evidence relevant to a reasonably anticipated matter.

22.4 Thirty-Day Pre-Arbitration Period, Mediation and Small Claims

Unless emergency action is permitted or applicable law requires otherwise, arbitration should ordinarily not be started until thirty (30) days after a substantially complete dispute notice has been delivered using the applicable notice procedure. During that period, the parties should make reasonable efforts to communicate about possible resolution.

Voluntary mediation may be used if both parties agree. Eligible individual claims may be brought in small-claims court where permitted by law.

22.5 Legal Deadlines, Attorneys' Fees and Costs

Claims remain subject to applicable statutes of limitation, statutes of repose, filing deadlines, accrual rules, discovery rules, tolling rules and other legally applicable time limitations unless a valid express provision lawfully provides otherwise.

Except where these Terms, a valid separate agreement, law, court order, arbitration award, applicable arbitration rules or another enforceable authority provides otherwise, each party bears its own attorneys' fees and legal expenses.

Arbitration, mediation and other dispute-resolution costs will be allocated under the process governing the dispute, applicable law and applicable provider rules.

23. Binding Individual Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY.

Mandatory arbitration applies only if a valid agreement to arbitrate is formed through a legally sufficient affirmative acceptance process. Merely browsing public content does not create that agreement where additional assent is legally required.

23.1 Agreement to Arbitrate Covered Disputes

Except for disputes excluded below or rights that cannot lawfully be waived, curbsidemall and each participant who affirmatively agrees to this arbitration provision agree that covered disputes arising out of or relating to these Terms, Platform use or access, transactions, Orders, payments, refunds, Customer Confirmation Codes, pickup or delivery activities, Merchant or Customer participation, Community Commerce, account actions, communications, technology or services, or the parties' Platform relationship will be resolved through binding individual arbitration rather than a court trial.

To the extent applicable, the Federal Arbitration Act, 9 U.S.C. sections 1 et seq., governs the arbitration agreement. Unless a valid separate agreement specifies another administrator, arbitration will ordinarily be administered by the American Arbitration Association (AAA). Consumer disputes will ordinarily use the then-current AAA Consumer Arbitration Rules; qualifying business disputes will ordinarily use the then-current AAA Commercial Arbitration Rules. Fees and costs will be allocated under applicable law, applicable rules, any enforceable agreement and the arbitrator's authority.

23.2 Exceptions

The arbitration requirement does not apply where applicable law requires or permits another forum. Exceptions may include eligible individual small-claims matters; requests for temporary, preliminary, emergency or provisional judicial relief; proceedings needed to protect intellectual property, trade secrets, Platform systems, cybersecurity, confidential information or evidence; governmental, regulatory or criminal proceedings; non-arbitrable claims; and other rights that law does not permit the parties to waive.

Federal statutory protections for qualifying sexual-assault or sexual-harassment disputes are preserved.

23.3 Individual Proceedings and Class-Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED DISPUTES SUBJECT TO ARBITRATION WILL BE RESOLVED ON AN INDIVIDUAL BASIS. EXCEPT WHERE LAW PROVIDES OTHERWISE, NEITHER PARTY AGREES TO ARBITRATE A COVERED DISPUTE AS PART OF A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED REPRESENTATIVE, PRIVATE-ATTORNEY-GENERAL OR OTHER REPRESENTATIVE PROCEEDING SEEKING RELIEF FOR PERSONS WHO ARE NOT PARTIES TO THE INDIVIDUAL ARBITRATION.

Nothing in this paragraph eliminates a non-waivable legal right. If numerous similar individual demands qualify as a mass arbitration under applicable AAA rules, the applicable mass-arbitration procedures and fee rules may apply.

23.4 Jury Trial

For covered disputes validly required to be arbitrated, the parties understand that arbitration generally replaces the right to have the dispute decided by a judge or jury in court. Any jury-trial right that law does not permit the parties to waive is preserved.

23.5 Arbitration Assent and Records

curbsidemall will use an acceptance process reasonably designed to obtain and document affirmative assent to mandatory arbitration where required by law, including preserving the applicable Terms version, arbitration provision, date and method of acceptance and the account or participant associated with the acceptance.

Where Nevada law requires specific authorization of arbitration, the acceptance process must include clear affirmative authorization directed to the arbitration provision before curbsidemall relies on mandatory arbitration.

24. Governing Law, Courts, Notices and Electronic Records

24.1 Governing Law

Except where federal law or another mandatory law requires otherwise, these Terms and disputes arising out of or relating to the Platform are governed by the laws of the State of Nevada, without regard to conflict-of-law principles that would require application of another jurisdiction's law.

The Federal Arbitration Act and other applicable federal law govern arbitration-related matters to the extent they apply. Non-waivable local rights remain preserved.

24.2 Courts and Venue

Subject to the arbitration provisions and applicable law, courts with proper jurisdiction may hear claims not required to be arbitrated. Where legally permissible, the parties consent to the state courts located in Clark County, Nevada, and the United States District Court for the District of Nevada.

For court proceedings not subject to arbitration, venue will ordinarily lie in Clark County, Nevada, or the United States District Court for the District of Nevada, unless applicable law provides a non-waivable right to proceed elsewhere.

24.3 Official Notices and Communications

curbsidemall may provide account, transaction, security, contractual, policy, legal and Platform communications by email, Platform notification, mobile-app notification, secure account message, text message where appropriate consent exists, mail, courier, personal delivery or another lawful method appropriate to the communication.

Users must keep contact information current. Routine customer-support inquiries, social-media messages, reviews, Merchant communications or ordinary Platform messages do not automatically constitute formal legal notice.

Formal legal notices to curbsidemall must use the then-current legal-notice address, email, secure portal or other method officially designated for that purpose and must comply with applicable law and any applicable dispute-notice procedure.

24.4 Delivery, Failed Communications and Records

Where applicable law requires a particular delivery method, receipt standard, disclosure, consent, proof of delivery, notice period or service method, that legal requirement controls.

curbsidemall may maintain records relating to notice transmission and delivery, including dates, methods, destination addresses or accounts, confirmations, returned communications and Platform delivery records.

Where reasonably practicable or legally required, curbsidemall may use another available communication method if it receives information indicating that a legally significant electronic notice was not delivered.

24.5 Electronic Records, Authentication and Errors

curbsidemall may maintain electronic records of agreements, acceptance, authentication, transactions, Orders, Customer Confirmation Codes, communications, payments, account actions and other Platform activity as permitted by law.

Users should promptly report suspected errors, unauthorized electronic activity or misuse of authentication credentials. Electronic records and authentication information may be used as evidence to the extent permitted by law.

25. Changes to These Terms, General Legal Terms and Contact Information

25.1 Changes to These Terms

curbsidemall may prospectively amend, supplement, clarify or revise these Terms to reflect Platform changes, law or regulatory developments, court decisions, security improvements, fraud-prevention needs, new payment methods, new programs, business expansion, accessibility improvements, technology changes or other lawful business developments.

Notice will be provided as required by law and appropriate to the significance of the change. Material changes affecting arbitration, class or representative proceedings, jury-trial rights, substantive court-access rights, governing law or venue, material payment obligations or other significant contractual rights may require enhanced notice or affirmative assent.

Continued use alone will not be treated as sufficient acceptance where law, these Terms or the applicable agreement requires affirmative agreement. Material amendments will ordinarily apply prospectively and will not automatically eliminate existing claims, increase already-accrued obligations, shorten an already applicable deadline or remove non-waivable rights where law prohibits that result.

25.2 Assignment and Transfer

Subject to law, curbsidemall may assign or transfer rights and delegate or transfer obligations in connection with a merger, reorganization, acquisition, sale of assets or operations, change of control, financing transaction, business succession or other lawful corporate transaction.

Participants may not assign, sell, sublicense, transfer, pledge or otherwise dispose of accounts or rights under these Terms without curbsidemall's prior written or authorized electronic consent, except where law requires recognition of a transfer.

25.3 Severability, No Waiver and Interpretation

If a provision is invalid or unenforceable, it will be enforced to the maximum extent permitted and, where legally permitted, limited or severed without invalidating the remainder.

A delay or failure to enforce a right does not by itself waive that right or another right. An intentional contractual waiver by curbsidemall must be made by an authorized representative and documented in writing or another legally recognized electronic record.

Headings are for convenience and do not independently alter substantive meaning. Words such as 'including' and 'such as' are generally non-exclusive unless the context clearly requires otherwise. Where a specific provision directly governs a subject and irreconcilably conflicts with a more general provision, the more specific provision controls that subject unless applicable law or an express order-of-precedence rule requires another result.

25.4 Entire Agreement and Related Policies

These Terms, together with policies, program terms, transaction terms, disclosures, consents and separate agreements validly made applicable to the relationship, constitute the agreement concerning the subjects they govern.

Unless incorporated into a binding agreement or protected by law, preliminary proposals, presentations, demonstrations, marketing materials, draft agreements, informal messages and sales discussions do not independently modify these Terms.

25.5 Survival

Suspension, termination, account closure, completion of a transaction, program termination or cessation of Platform use does not eliminate rights, obligations, defenses, protections or remedies that accrued before termination or that expressly or by their nature are intended to continue.

Surviving matters may include payment obligations, confidentiality, intellectual-property protections, lawful User Content licenses, liability limitations, indemnification, warranty disclaimers, dispute resolution and arbitration where validly agreed, governing law and venue for existing claims, record and evidence preservation, privacy and security obligations that continue, investigations, settlements, judgments and awards.

25.6 Reservation of Rights

Except for rights expressly granted under these Terms, a valid separate agreement or applicable law, curbsidemall reserves all rights, title, interests, defenses, protections, privileges and remedies lawfully available concerning the Platform, technology, software, websites, mobile applications, APIs, databases, AI systems, intellectual property, trademarks, copyrights, trade secrets, proprietary information, business methods, operational methodologies, Customer Confirmation Code and Parking Stand systems, Community Commerce, participant programs, future products, future services and future innovations.

25.7 Contact Information

For general questions about these Terms, your account, transactions or the Platform, use contact information or support channels published through an official curbsidemall-controlled website, application, account or other officially designated source.

Do not rely on unofficial directories, unofficial social-media accounts, former personnel, independent Merchants, Affiliates, Independent Sales Representatives, Community Commerce Partners or third-party websites as official curbsidemall contact channels unless curbsidemall expressly designates them for the applicable purpose.

Formal disputes, arbitration notices, legal demands, litigation notices, service of process, regulatory notices and communications requiring a specific legal-notice method must use the then-current formal legal-notice procedure officially designated by curbsidemall and applicable law.